KULVINDER SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) Both the above-titled petitions arise out of the same first information report lodged on 16.6.2007, so they are being disposed of together by this common order.
(2.) Having heard the learned counsel on behalf of either party, it appears that for an incident, allegedly occurred on 22.5.2007 at about 7.15 P.M. within the precincts of Sonia Hotel, Rudrapur, the FIR of the same could be lodged by respondent no.3 on 16.6.2007 by way of moving application u/s 156(3) Cr.P.C. against four accused persons, namely Sahab Singh, Kulvinder Singh, Rajendra Singh and Sumant Singh for the offences punishable u/s 307/504 and 506 IPC at P.S. Rudrapur. The police submitted the final report on the same day i.e. 16.6.2007, the day it was impelled to lodge the FIR at the intervention of the Court.
(3.) A protest petition was filed thereafter by the informant/ injured Harbhajan Singh but the learned Chief Judicial Magistrate, U.S. Nagar, vide order dated 29.09.2009 rejected the same and accepted the final report. A criminal revision no.231 of 2009 was filed and the same was adjudicated by the Additional Sessions Judge/III FTC, U.S. Nagar vide judgment and order dated 15.6.2010 whereby the revision was allowed and the order dated 29.9.2009 passed by the Magistrate was quashed and the matter was remitted back to the court of Magistrate with the direction to pass appropriate order after perusing the entire documents.;
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